APPENDIX AVI212 Manual do Utilizador descarregar pdf (Página 247)

License Agreement and Warranty

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comply with duties, the very discharge of which is an essential

prerequisite for the proper performance of the Agreement.

In cases of Section 6 a), the liability is limited to the damage,

which is typical for contracts like this Agreement and which could

have been foreseen.

SMI’s liability is also limited to the damage, which is typical for

contracts like this Agreement and which could have been

foreseen for damages caused by the gross negligence of an

agent or an employee of SMI, who is not an officer or executive of

SMI.

In cases of Sections 6 a) and c), SMI’s liability is limited to a

maximum amount of EURO 500.000, respectively EURO 100.000

for financial losses.

Licensee’s claims for damages caused by slight negligence or

caused by the gross negligence of an agent or an employee of

SMI, who is not an officer or executive of SMI, which are not

based on defects and thus not subject to time-barring in

accordance with Sec. 5 d) are time-barred at the latest 2 years

from the point in time Licensee became aware of the damage

and regardless of Licensee’s awareness at the latest 3 years

after the damaging event.

With the exception of liability under the Product Liability Law, for

defects after having given a guarantee, for fraudulently concealed

defects and for personal injury, the above limitations of liability

shall apply to all claims, irrespective of their legal basis, in

particular to all claims based on breach of contract or tort.

The above limitations of liability also apply in case of Licensee’s

claims for damages against SMI’s employees or agents.

SMI Indemnity. SMI will defend or settle any action brought against

Licensee to the extent based on a claim that Licensed Materials, used

within the scope of the license granted in this Agreement, infringe any

Area and will pay the cost of any final settlement or judgment

attributable to such claim, provided (i) Licensee has given prompt

notice to SMI of such claim, (ii) Licensee has not recognized an

infringement of the third party’s copyright, and (iii) the entire defense

and the settlement negotiations are reserved for SMI with Licensee’s

full cooperation and support. If Licensee discontinues the use of

Licensed Materials for damage reduction or other important reasons,

Licensee is obligated to point out to the third party that the

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APPENDIX AVI212 Manual do Utilizador Página 247